How to Fight Back Against Workplace Retaliation in Florida

Have you spoken up about workplace discrimination, harassment, or illegal activities at your job, only to face negative consequences? You may be experiencing workplace retaliation – and it may be illegal in Florida.

At BT Law Group, we understand how devastating workplace retaliation can be. Not only does it affect your career and financial stability, but it can also take a severe toll on your emotional well-being. If you believe you’re facing retaliation at work, you need to understand your rights and options under Florida law.

What is Workplace Retaliation?

Workplace retaliation occurs when an employer takes an adverse action against an employee for engaging in legally protected activities. These protected activities include reporting discrimination, harassment, safety violations, or other illegal conduct in the workplace.

According to the U.S. Equal Employment Opportunity Commission (EEOC), retaliation is the most frequently alleged claim in both the private and federal sectors.

Signs of Workplace Retaliation in Florida

Retaliation can take many forms, not just termination. Here are some common signs that may indicate you’re experiencing workplace retaliation:

• Demotion or reduction in responsibilities
• Sudden negative performance reviews after a history of positive evaluations
• Exclusion from meetings or projects
• Reduced hours or undesirable schedule changes
• Hostile work environment or increased scrutiny
• Transfer to less desirable positions
• Verbal or physical abuse
• Salary reduction or denial of a promised raise
• Passed over for promotions or training opportunities
• Termination or forced resignation

If you’ve experienced any of these actions shortly after engaging in protected activity, you may have grounds for a retaliation claim.

Florida Laws Protecting Employees From Retaliation

Florida employees are protected by both federal and state laws against workplace retaliation:

Florida Whistleblower Act (FWA)

Under Florida Statute § 448.102, employers are prohibited from taking retaliatory personnel action against employees who:

1. Disclose or threaten to disclose to a government agency, under oath and in writing, an employer activity, policy, or practice that violates a law, rule, or regulation
2. Provide information to or testify before any appropriate governmental agency, person, or entity conducting an investigation, hearing, or inquiry into an alleged violation
3. Object to or refuse to participate in any activity, policy, or practice of the employer that violates a law, rule, or regulation

Florida Civil Rights Act (FCRA)

The FCRA prohibits retaliation against employees who oppose discriminatory practices based on race, color, religion, sex, pregnancy, national origin, age, disability, or marital status.

Federal Protections

Federal laws providing additional protection from retaliation include:

• Title VII of the Civil Rights Act
• Americans with Disabilities Act (ADA)
• Age Discrimination in Employment Act (ADEA)
• Fair Labor Standards Act (FLSA)
• Family and Medical Leave Act (FMLA)

Steps to Take If You’re Facing Retaliation in Florida

If you believe you’re experiencing workplace retaliation, follow these steps to protect your rights:

1. Document Everything

Maintain detailed records of:

• The protected activity you engaged in (including dates, times, and witnesses)
• All retaliatory actions (including dates, times, and witnesses)
• Any relevant communications (emails, texts, memos)
• Your performance reviews and history
• Any changes in treatment before and after your protected activity
• Any witnesses

2. Report the Retaliation Internally

If appropriate, report the retaliation to your company’s by following your employer’s complaint procedure (if it exists). If there is no policy or procedure, you should complain to human resources and/or senior management. This creates an official record and gives your employer an opportunity to address the issue. Make your complaint in writing and keep a copy for your records.

3. Consult With an Employment Attorney

Before filing a formal complaint with a government agency, consult with an experienced Florida employment attorney who handles retaliation cases. At BT Law Group, our attorneys can:

• Evaluate the strength of your case
• Help you understand your legal options
• Guide you through the complex complaint process
• Ensure you meet all deadlines for filing claims

4. File a Complaint With the Appropriate Agency

Depending on your situation, you may need to file a complaint with:

• The Florida Commission on Human Relations (FCHR)
• The Equal Employment Opportunity Commission (EEOC)
• Other relevant federal or state agencies

Most retaliation claims in Florida must be filed within specific timeframes:

• For FCRA claims: 365 days from the retaliatory action
• For EEOC claims: 300 days from the retaliatory action

5. Consider Legal Action

If agency processes don’t resolve your issue, you may need to file a lawsuit. In successful retaliation cases, employees may be entitled to:

• Reinstatement to their position
• Back pay and benefits
• Front pay (if reinstatement isn’t feasible)
• Compensatory damages for emotional distress
• Punitive damages in cases of willful violations
• Attorney’s fees and court costs

How BT Law Group Can Help With Your Florida Retaliation Case

At BT Law Group, our Miami employment attorneys have extensive experience handling workplace retaliation cases. We understand the nuances of Florida’s employment laws and how to effectively navigate both state and federal claims processes.

Our attorneys can:

• Evaluate your case in a confidential consultation
• Help you gather and preserve critical evidence
• Handle communications with your employer
• File necessary complaints with government agencies
• Negotiate settlements when appropriate
• Represent you aggressively at trial if necessary

Workplace retaliation can have devastating effects on your career and financial security. Don’t face this challenge alone. Our experienced attorneys are ready to help you protect your rights and seek the justice you deserve.

If you believe you’re experiencing workplace retaliation in Florida, contact BT Law Group today for a confidential consultation. Our attorneys will evaluate your case and help you understand your options for moving forward.

The information provided in this article is for educational purposes only and does not constitute legal advice. Every retaliation case is unique and requires individualized analysis by a qualified attorney.